High Court Kerala High Court

K.S.Kumar vs The Kerala State Road Transport on 2 August, 2010

Kerala High Court
K.S.Kumar vs The Kerala State Road Transport on 2 August, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 24106 of 2010(K)


1. K.S.KUMAR, S/O.K.KRISHNA PILLAI,
                      ...  Petitioner

                        Vs



1. THE KERALA STATE ROAD TRANSPORT
                       ...       Respondent

2. THE FINANCIAL ADVISOR AND

3. THE PERSONAL OFFICER (PENSION)

                For Petitioner  :SRI.ANANDARAJAN.N

                For Respondent  : No Appearance

The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR

 Dated :02/08/2010

 O R D E R
                 T.R. RAMACHANDRAN NAIR, J.
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                  W.P.(C) No.24106 OF 2010
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            Dated this the 2nd day of August, 2010.


                         J U D G M E N T

The petitioner retired from the service of the KSRTC on

31.03.2010 while working as District Transport Officer. The main

grievance raised in the writ petition is regarding the delay in

disbursal of the DCRG and commuted value of pension.

2. Learned counsel for the petitioner submitted that the

petitioner is a chronic patient suffering from various diseases

such as cardiovascular disease, epilepsy, kidney failure etc. as

evidenced by Exhibits P2 and P3 Medical Certificates, Exhibit P4

series Medicine Prescription Charts and Exhibits P5 and P6 series

Lab Reports. It is therefore submitted that the petitioner has

been facing financial difficulties due to his illness.

3. It is pointed out that the petitioner is in urgent need of

money to repay the amount borrowed from his friends and

relatives in connection with the marriage of his daughter which

was solemnized on 22.03.2009 and to meet the expenses for his

W.P.(C) No.24106/2010 2

continued treatment. Exhibit P7 is the marriage invitation card of

the petitioner’s daughter.

4. Heard the learned Standing Counsel for the KSRTC. It is

pointed out by the learned counsel for the petitioner that the

guidelines issued by this Court in W.A.No.289/2001 even though

directs disbursement of the retirement benefits on the basis of

seniority, the same can be varied if ordered by this Court in

appropriate cases. The documents produced in the writ petition

show that the petitioner is in urgent need of amounts to meet his

medical expenses and also the expenses in connection with the

marriage of his daughter.

In that view of the matter, there will be a direction to the

1st respondent to consider the sanction of the benefits and

disburse the amount after conducting due enquiry expeditiously,

at any rate, within a period of two months.

This writ petition is disposed of as above.

T.R. RAMACHANDRAN NAIR
JUDGE

smp